Posted on 06/25/2003 5:33:23 AM PDT by runningbear
Jegley Compares CA, AR Fetal Killings
Wednesday, June 25, 2003 Good Morning! 5:19:51 AM
--------------------------------------------------------------------------------
Jegley Compares CA, AR Fetal Killings
--------------------------------------------------------------------------------
Story by The Associated Press Posted 6/24/2003 12:21:45 PM
A prosecutor says he's not upset to see the difference in news coverage between the deaths of a California woman and her unborn child and a similar case involving the death of a fetus in Arkansas.
Pulaski County prosecutor Larry Jegley says intense publicity for the Arkansas case would have complicated his job and made it more difficult to imprison the four men accused here.
The deaths of Laci Peterson and her unborn child in California have drawn coverage across the globe.
Jegley says he's surprised the Peterson case has captured so much attention because it's not an isolated event. The prosecutor says domestic violence involving unborn children is not rare.
Peterson was middle-class, white and living in an affluent area while the Little Rock mother was working-class, black and living in a less-affluent area. Jegley says that if Peterson's background had been different, her killing would not have been as big a story.
In the California case, Scott Peterson is accused in the killing. He has pleaded innocent to two counts of murder.
In the Arkansas case, Erik Bullock was convicted in 2001 of capital murder in the death of Heaven Pace, the full-term fetus carried by Shiwona Pace.
The case was the first brought under Arkansas's Fetal Protection Act, a 1999 law allowing murder charges if a fetus beyond the 12th week of gestation dies in a violent crime.
Watch News 4 Arkansas for more on this story!
-------------------------------------------------------------------------------------------------------------------
Geragos keeps up the pressure
By SUSAN HERENDEEN
BEE STAFF WRITER
Published: June 24, 2003, 06:42:35 AM PDT
Defense attorney Mark Geragos has a duty to defend clients with zeal, so his aggressive style comes as no surprise to legal experts watching Scott Peterson's double-murder case unfold.
Whether the legal ins and outs are enough to capture the average person's attention -- and raise doubts about the prosecution's case in the minds of potential jurors -- remains to be seen.
To Maribel Escobedo, the courthouse intrigue is a non-starter. The medical interpreter from Modesto followed the disappearance of Laci Peterson closely, but is waiting for the trial to tune in again.
"I'm not really listening to the filler stuff," she said.
But Bill McCarthy of Modesto, a retiree who managed the food service in the Stanislaus County Jail, said every new nugget is something to ponder.
He wants to hear more about the police wiretaps and forensic evidence now kept under seal. Also, he's glad to see the defense team putting some heat on the prosecutors.
"I think the police pulled an O.J.," McCarthy said, referring to the case against O.J. Simpson, who was acquitted in 1995 of killing his wife and another man.
Scott Peterson, 30, faces murder charges in the slayings of his wife, Laci, and their unborn son, Conner. The district attorney's office is seeking the death penalty. He has pleaded not guilty.
A trial might be years away, but plenty of legal maneuvering is under way. In recent weeks, Geragos has:
Accused Stanislaus County District Attorney James Brazelton and attorney Gloria Allred of violating a gag order imposed by Superior Court Judge Al Girolami.
Accused investigators of bungling a wiretap investigation and subpoenaed Judge Wray Ladine in the matter.
Asked an appeals court to reverse the order of Superior Court Judge Roger M. Beauchesne, who said eight search warrants should be made public July 8. The appellate court has not ruled on the search warrants.
John Burris, a defense attorney from Oakland and a frequent guest on cable television talk shows, said Geragos' style suits the high-profile case.
"He has certainly been extraordinarily aggressive, and properly so," Burris said. "He is responding to what has been presented to him."
Brazelton on Thursday told The Bee he wants to take the case to a preliminary hearing, scheduled for July 16, rather than to a grand jury, where he would lay out his evidence behind closed doors.
Such a strategy is needed, Brazelton said, because leaks to the media and speculation on television talk shows force prosecutors to "spend all our time running down this phony baloney stuff they throw up."
A week earlier, Geragos asked the court to sanction Allred. She represents potential prosecution witness Amber Frey, who admitted having a relationship with Peterson. Allred went on a television talk show hours after the gag order was issued.
Girolami is expected to consider the contempt of court motions Thursday.
David Miller, a former federal prosecutor and professor at the McGeorge School of Law at the University of the Pacific, said Brazelton probably can talk about the process without violating the gag order.
But the district attorney's "phony baloney" comment might have crossed the line.
"That might be interpreted as expressing or implying some view of the strength of the case," Miller said.
Police wiretaps on Scott Peterson's telephones between Jan. 10 and April 18 also are bones of contention.
Geragos subpoenaed Ladine because a court reporter was not present during meetings about the taps.
State law requires a court reporter in all proceedings in death penalty cases. Prosecutors said the case does not start until a criminal complaint is filed or a grand jury is convened.
Also, the defense has alleged "grave prosecutorial misconduct" in the interception of 71 calls, because three calls between Scott Peterson and his attorney were recorded.
----------------------------------------------------------------------------------------------------------------------------------------------------------
'Slam dunk' remark lives on
By GARTH STAPLEY
BEE STAFF WRITER
Published: June 24, 2003, 06:42:37 AM PDT
FROM NBC NEWS INTERVIEW, APRIL 18
State Attorney General Bill Lockyer:
There's a very, very compelling case that this helps to nail down. I think, one, it's going to result in a conviction.
Offscreen voice:
If you were the prosecutor on this case, Mr. Lockyer, how would you feel about your chances of winning it today?
Lockyer:
Slam dunk.
One of the more intriguing, controversial quotes to emerge from the Peterson double-homicide case was uttered in a moment of confusion, Cali-fornia Attorney General Bill Lockyer suggested in a recent interview at The Bee.
Lockyer's "slam dunk" comment to reporters the day Scott Peterson was arrested has been repeated and dissected countless times by legal analysts, newspaper columnists and television commentators.
Some questioned whether Lockyer violated legal ethics by commenting on the strength of evidence in the high-profile case.
"This is a compellingly strong case. I would call the odds slam-dunk that he is going to be convicted," Lockyer is quoted as saying in a Contra Costa Times article, published April 19.
That was the day following Scott Peterson's arrest for the slayings of his wife, Laci, and their unborn son, Conner. He has pleaded not guilty and faces the death penalty if convicted.
Lockyer later insisted that he was speaking only about DNA evidence identifying bodies recovered from the San Francisco Bay shoreline a few days before as those of Laci and Conner Peterson.
Stanislaus County District Attorney James Brazelton, who attended a press conference that day with Lockyer, backed up the attorney general's version in a subsequent televised interview.
At The Bee last week, Lockyer hesitated because of a court-imposed gag order before deciding to clarify.
"The question I thought I was asked is, is the DNA stuff reliable?" Lockyer said. He said a reporter mentioned evidence allegedly planted in the famed O.J. Simpson double-homicide case, where wobbly interpretations of DNA evidence contributed to acquittal.
"My comment," Lockyer recalled, "was that DNA is reliable by factors of billions-to-1. It was an absolute slam dunk that no defense lawyer can refute that these are the bodies of Laci and Conner."
The April 18 comment made the rounds of all sorts of media and was included in a potential juror survey sponsored by California State University, Stanislaus.
---------------------------------------------------------------------------------------------------------------
Fresno judge shields Enquirer
Paper sued over claim that Carolyn Condit attacked Chandra Levy.
Fresno judge shields Enquirer
Paper sued over claim that Carolyn Condit attacked Chandra Levy.
Associated Press
(Published Wednesday, June 25, 2003, 4:40 AM)
A federal judge in Fresno has denied requests by an attorney representing the wife of former Rep. Gary Condit to make public confidential sources used by the National Enquirer in a story that claimed Carolyn Condit attacked Chandra Levy.
Carolyn Condit sued after the paper published an August 2001 story with the headline "Cops: Condit's Wife Attacked Chandra." She has said she never met the slain intern and Washington, D.C., police investigating Levy's death have said the report was false.
The libel case is set for trial Sept. 30.
Attorney Neville Johnson said at a hearing last week he needed the sources' names to prove his claim that the story was false.
Johnson said the judge issued his ruling Monday.
U.S. Magistrate Judge Lawrence O'Neill also denied a request by attorneys for the Boca Raton, Fla.- based tabloid who sought records from Gary Condit's cell phone and Washington apartment.
The paper wants to determine whether Carolyn Condit had contact with Levy, apparently to support the original story.
Levy disappeared in 2001. Her body was found later in a Washington park. Police sources told The Associated Press that Gary Condit acknowledged having an affair with Levy, though he repeatedly denied any role in her......
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Judge denies requests for phone records, confidential sources
Judge denies requests for phone records, confidential sources
The Associated Press
Published: June 24, 2003, 05:26:49 PM PDT
FRESNO, Calif. (AP) - A judge has denied requests by an attorney representing the wife of former Rep. Gary Condit to make public confidential sources used by the National Enquirer in a story that claimed Carolyn Condit attacked Chandra Levy.
Carolyn Condit sued after the paper published an August 2001 story with the headline "Cops: Condit's Wife Attacked Chandra." She has said she never met the slain intern and Washington, D.C. police investigating Levy's death have said the report was false.
The libel case is set for trial Sept. 30.
Attorney Neville Johnson said at a hearing last week he needed the sources' names to prove his claim that the story was false.
Johnson said the judge issued his ruling Monday.
U.S. Magistrate Judge Lawrence O'Neill also denied a request by attorneys for the Boca Raton, Fla. based-tabloid who sought records from Gary Condit's cell phone and Washington apartment.
------------------------------------------------------------------------------------------------------------------------------------------
The latest Media coverage for tomorrow:
Thursday, 6/26/03 Hearing Info & Pool Arrangements
Posted on Monday, June 23 2003 at 12:05 AM PST ----
SEATING & PRESS CREDENTIALS
This Thursday’s hearing (June 26, 2003 at 8:30 am PST) will have assigned seating in Department 2 of the Superior Court of Stanislaus County. The court will use the same system that has been in place from the beginning. Click on the "Court Forms" section on the left menu to download the latest form and instructions.
NOTE! The court will begin accepting faxed requests beginning at 8:00 am TOMORROW (Tuesday 6/24/03). The fax number and other important details are on page 1 of that downloadable document. Follow the directions carefully!
POOL ARRANGEMENT INFO
A pool camera/recording arrangement has been authorized by Superior Court Judge Girolami for Thursday’s hearing. The following news entities have been designated. Please contact them for specific details about their images/video/audio.
Court TV will be the designated video pool. Contact Rosann Lucadamo at (212) 692-7875 or lucadamor@courttv.com.
The Modesto Bee - will be the designated still photograph pool. Contact Al Golub at (209) 578-2322 or agolub@modbee.com for details.
Clear Channel/KFBK Radio, Sacramento will be the designated radio pool. Contact Chris Filippi at (916) 929-5325 or ChrisFilippi@clearchannel.com.
OVERFLOW VIDEO/AUDIO MONITORING AREA
Judge Al Girolami has agreed to allow the pool camera crew, Court TV, to setup a special television monitor outside the courthouse for gallery overflow. This means that members of the media who are not able to get access into the court proceedings on Thursday morning may view and monitor the proceedings in a designated area. No live re-broadcasting, audio or videotaping of this monitor is allowed. More info and rules about this video feed to follow in upcoming e-mail notice.
---------------------------------------------------------------------------------------------------------------------
Updated press release doc:
(Excerpt) Read more at kark.com ...
Why would the trial be years away? Is this what Peterson is hoping for? If he's innocent with little evidence, you think he'd want it as soon as possible. It's not like it takes that long to prepare a case.
"Secret Witness Saw Scott With Laci's Body"
Enquirer World Exclusive by David Wright, Don Gentile, Michael Hanrahan and Jim Nelson
Synopsis:
In a shocking development that could blow the Scott Peterson murder case wide open, police now have a tope secret witness who can place Scott with his wife Laci's boy shortly after her death, The ENQUIRER has learned exclusively.
What's more, cops are examining a chilling piece of key physical evidence they found under a seat in Scott's 14 foot alumunim boat - a pair of pliers with strands of his pregnant's wife' hair still attached.
Even more devastating, (Scott) was caught on tape by his girlfriend (Amber) attempting to purchase damning photographic evidence that The ENQUIRER revealed to the public last week.
"A truck driver came forward to tell police that around 3:30 in the morning of December 24 he was driving on a highway close to the marina area and saw a truck pulling an aluminum boat," revealed a source close to the case.
"He was interested because he was thinking of buying a boat himself. He pulled up alongside, close enought to check the maker's name on the boat - Gamefisher."
Shockingly, the driver had spotted Scott in the dead of night near the scene whre Laci's body was disposed - at the very time Scott had claimed he was still at home with Laci.
"They (the pliers) were pointy, needlepoint nose pliers, and police believe Laci's hair got caught in them while Scott was preparing her body for disposal in San Francisco Bay," revealed a source close to the family.
"He can't account for half of a roll of chicken wire he owned. He may have used the wire to wrap around Laci's body and cut or knot it with the pliers. That could be when her hair got caught in it."
The National Enquirer, May 20, 2003 " Peterson Spent Thousands On Survival Gear"
Synopsis:
After the bodies of his wife Laci and her unborn son washed ashore in San Francisco Bay - and just days before his arrest - Scott Peterson spent thousands of dollars on survival gear that would have enabled him to hide out in the Mexican wilderness, The ENQUIRER has learned.
Among Peterson's purchases were a large tent and tent cover to shield it from the sun, a water purification system capable of making rancid water suitable for drinking and bathing, a camp stove, a sleeping bag, a tent chair, a compass and a large supply of dried and canned food.
He knew that even if he was eventually discovered hiding out, the authorities in Modesto would have to forego asking for the death penalty in order to get Mexico to turn him over for prosecution," said the investigator.
If any of this is true, Peterson should accept a plea bargain and spare his wife's family anymore grief. He's already done enough.
--------------------------------------------------------------------------------
By GARTH STAPLEY BEE STAFF WRITER
The image of Scott Peterson fishing alone in San Francisco Bay on Christmas Eve does not sit well with some longtime sturgeon fishermen.
Their skepticism mostly is rooted in the size of Peterson's 14-foot aluminum boat.
"That's totally ridiculous," said Tim Sellars, manager of Fisherman's Warehouse in Manteca. "I've been out there in a 30-foot boat and it's spooky."
Five sturgeon fishermen, contacted separately, offered the same opinion. Waves and swells are common and can be deadly to small boats, they said.
"I wouldn't even take a 16-footer out in the bay," said Randy McGee of Modesto, who has fished there for 40 years. "You don't go fishing for sturgeon in the bay with a little 14-foot aluminum boat. You just don't."
Peterson, 30, of Modesto has been charged with two counts of murder in the deaths of his wife, Laci, and their unborn son, Conner. Their bodies washed ashore in mid-April within miles of where Peterson told authorities that he went fishing alone Christmas Eve. Family members reported the 27-year-old and pregnant Laci Peterson missing later that day.
Police photos of Peterson's 14-foot Gamefisher boat received wide circulation during the investigation.
"That boat is for lake fishing, not the bay," said Dennis Deaver, owner of the Berkeley Marina Sport Center. Peterson told police that he launched from the Berkeley Marina.
Other aspects of Peterson's claim smell like a fish story, the fishermen say:
Sturgeon, which often top 100 pounds and 6 feet in length, are difficult to haul into a boat without help. In 1983, a 468-pounder was caught in nearby San Pablo Bay. "You'll have a hell of a time landing one by yourself," said Ken Moore of Ripon. "They're big. It can be done, but most sturgeon fishermen don't go by themselves."
Others said it is dangerous to fish alone, especially in the bay.
"You never know if you'll have boat trouble or fall overboard while trolling," McGee said.
Said Sellars: "Too many things can happen if you're by yourself. For example, you cannot pull your anchor up."
Most fishermen are at it by daybreak. Peterson told police that he left Modesto at 9:30 a.m. "A true fisherman would not go so late in the day," Moore said. "If you're honest-to-God serious about fishing, you're not going to have much time to fish."
Brooks Island "is not a known sturgeon spot," said Barry Canevaro, who has fished the bay for 50 years. "I was raised in the bay," he said. "I pretty much know what's going on. That's not a sturgeon spot."
Peterson said he went fishing off Brooks Island. That is where law enforcement divers continue to search for evidence.
Canevaro questioned why Peterson launched from Berkeley if his destination was Brooks Island. Berkeley is maybe five miles away, while a boat launch in Richmond is a short distance from the island.
Reports that police have Peterson's receipt from the Berkeley launch do not impress Deaver. He said anyone can put a few dollars into the automated receipt machine and drive away.
"If you dumped a body near Richmond, would you tell the cops where you launched?" Deaver asked.
The fishermen raised eyebrows at unconfirmed reports of Peterson's tackle. But pictures of his boat were just too hard to swallow, they say.
If a solo fisherman in a 14-foot aluminum boat had approached Sellars' group, he said, "we would have laughed. That's totally ridiculous."
But, McGee noted, "It also would have been hard to throw a body with cement blocks out of that boat without capsizing."
Feeling some sympathy for a fellow fisherman, McGee said, he went to a vigil for the missing Laci Peterson on Dec. 31, approached her husband and handed him his telephone number.
"I said, 'When this blows over and everything calms down, call me and I'll take you sturgeon fishing,'" McGee said. "(Peterson) said, 'That would be cool.'"
Bee staff writer Garth Stapley can be reached at 578-2390 or gstapley@modbee.com.
Her guest from Modesto this evening was the volunteer leader from the volunteer center at the Red Lion Inn back in Dec and Jan. He was/is a hotel employee (possibly the manager) at the Red Lion.
This individual stated that in the early days of the search efforts (week one) when volunteers were blanketing Modesto with flyers, he noticed that Scaught showed no sign of emotion. The volunteers gathered early in the am for strategy sessions, prayer, and assignments for flyer distribution. Volunteers were visibly seen crying during these sessions, but not Scaught.
He further stated that according to his reliable source, on at least TWO occasions in those early days, Scaught would grab a handful of flyers and leave the volunteer center. Scaught must have gotten lost, because he ended up playing golf. The reliable source received his information from one of the individuals who says he was one of the players playing with SP.
Gonna be an interesting day in court.
Doesn't look like McGee's going to be doing any fishing with Peterson anytime soon, not in this lifetime.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.